The Preliminary Hearing
February 10, 2023
Pretrial & Trial
April 10, 2023
What Does a Grand Jury Do?
In Kentucky, the grand jury is required for felony-level criminal charges by the Kentucky Constitution.
The purpose of the grand jury is to initiate formal charges for serious crimes and also to act as a protective barrier acting to insulate citizens from official oppression based upon groundless charges.
In most instances, the grand jury acts merely as a formal step in the prosecution process, but it does have broad investigative powers to look into official misconduct and neglect as well as criminal activities which may have been committed or concealed by public officials.
Powers of the Grand Jury
The grand jury has broad power to investigate the possibility of criminal misconduct. It is not limited to the investigation of matters which are brought to its attention by the Commonwealth, nor to matters which give it probable cause to believe a crime has been committed.
A Grand Jury may properly investigate any matter which it believes or suspects may lead to the institution of criminal charges.
The grand jury has broad powers to compel the cooperation of witnesses and potential defendants in its investigations. However, the court can act to protect witnesses from excesses by a grand jury investigation
Duties of the Grand Jury
INVESTIGATE CHARGES
MAINTAIN SECRECY
RETURN INDICTMENTS
PENDING MATTERS
How is a Grand Jury Convened?
The chief judge of each circuit court shall convene a regular grand jury at least once every four months. If the need arises, the chief judge may convene a regular grand jury more often.
A regular grand jury shall remain in session until discharged by the court, but it may not remain in session longer than 20 court days except to complete work on a case in which testimony has already been taken.
A chief circuit judge may also convene a special grand jury to engage in a lengthy investigation which cannot be adequately handled during the term of a regular grand jury.
Who Serves on a Grand Jury?
A Grand Juror MUST Be:
- a citizen of the United States & resident of the county
- at least 18 years of age
- able to speak & understand English
- capable of rendering effective service
A Grand Juror CANNOT:
- be under indictment
- have a prior felony conviction unless pardoned
- have served on a jury during the previous 24 months.
Why Are Grand Jury Proceedings Secret?
No person except the prosecutor, his or her stenographer, an interpreter needed for a witness, and the witness who is testifying (plus the parent, guardian, or custodian of a minor witness or other person under disability) may be present when the grand jury is in session.
Subject to carefully limited exceptions, grand jurors, stenographers, and interpreters are prohibited from disclosing the proceedings and testimony before the grand jury. The policy of secrecy is a significant feature of the grand jury. It enables the witnesses and the grand jurors to participate in an investigation free from outside influences or the fear of criticism or reprisal.
The policy is also intended to prevent a suspect in a criminal investigation from discovering his or her plight in time to flee from prosecution.
Still another purpose of the policy of secrecy is to prevent the disclosure of defamatory information about persons who are not indicted.
Testimony Heard by the Grand Jury
The prosecuting attorney may offer to the grand jury evidence to support an indictment. The grand jury may choose to hear any amount of additional evidence in support of an alleged offense. All evidence heard by the grand jury must be given under oath administered by the foreperson.
The grand jury is under no duty to hear defense testimony, but it may elect to do so. Even if the defense testimony is freely offered, it should only be received after the witness is fully advised of his or her rights and makes a waiver on the record.
Sufficiency of Evidence
The grand jury is the sole judge of the sufficiency of the evidence to support an indictment.
Unlike a district court in an examining trial, a grand jury is not required to return an indictment merely because there appears to be probable cause to support it.
It is precisely this independence of the grand jury to believe or disbelieve the witnesses or to consider defense evidence which insulates a citizen from groundless prosecution.
However, its determination not to return an indictment does not preclude the reconsideration of the same matter by another grand jury.
Grand Jury Deliberations
The deliberations of the grand jury must be conducted in private. The manner in which the deliberations occur is not defined, but nine jurors must concur in the finding of an indictment.
After Indictment by the Grand Jury
If the grand jury returns with an indictment then the criminal charge will proceed to Circuit Court.
Should the grand jury not indict, then that charge is dismissed, however the prosecution is not barred from bring the changes again to another grand jury panel.
Learn more about the 7 Steps of the Criminal Trial Process in Kentucky, proceed to Step 5, Pretrial & Trial
